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Fifth Circuit Gives Trump Opportunity to Act on Suppressors
AmmoLand ^ | March 13, 2025 | Dean Weingarten

Posted on 03/19/2025 4:06:46 AM PDT by marktwain

Interesting things are happening in the Fifth Circuit case involving silencers, USA v Peterson. A three-judge panel ruled that silencers were not “arms” as defined by the text of the Second Amendment.

Peterson and his attorneys have asked the case be reheard in an en banc review. The Fifth Circuit has been reasonably diligent in its Second Amendment cases, so an en banc (review by the whole court) has a good chance of reversing the three-judge panel. The Peterson case appears to be seriously considered by the Fifth Circuit. The court has sent a request to the parties involved to send a response on to the Appellant’s Petition. The request for response was sent on March 7, 2025.

The Trump Administration issued an executive order to the Department of Justice (DOJ) headed by Attorney General Pam Bondi to present a plan to review all legal actions and regulations affecting rights protected by the Second Amendment. The plan is due by March 10th. The Fifth Circuit request is a golden opportunity for the DOJ to present a clear and effective response in the USA v. Peterson case.

In the case, the US Attorney made the claim that silencers were not arms covered by the text of the Second Amendment. This is what was used by the three-judge panel to claim silencers are not protected arms. The Trump administration could easily reverse the claim, and state silencers are clearly arms protected by the Second Amendment. The US Attorney’s office for the Eastern District of Louisiana has until the 17 of March to send its response to the Fifth Circuit.


(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: 2a; 5thcircuit; banglist; court; dubyajudge; edlouisiana; enbanc; fifthcircuit; jayczainey; jayzainey; silencer; suppressors
Removing silencers/gun mufflers from the National Firearms Act should be a doable thing for the Trump administration.
1 posted on 03/19/2025 4:06:46 AM PDT by marktwain
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To: marktwain

You could always use a pillow like in ‘Columbo’. Pillows are the best murder weapon. Whether it’s to completely silence a handgun to the head or to smother someone in their sleep in seconds, you sure can’t beat a pillow. My Pillow should use that in ads.


2 posted on 03/19/2025 4:09:33 AM PDT by HYPOCRACY (Long live The Great MAGA Kangz!)
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To: HYPOCRACY

“My Pillow should use that in ads.”

LOL! That’s a really good idea. Mike with his cross and murder paraphernalia.


3 posted on 03/19/2025 4:10:52 AM PDT by MayflowerMadam (It's hard not to celebrate the fall of bad people. - Bongino)
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To: marktwain

A trigger is not an “arm.” A lead casting is not an arm... You can see where this is going. A rifle is not a weapon unless it is carried against the shoulder from which it will be fired with both hands squarely holding the firearm.

We need to know which fifth circuit judges wrote this and find out which family members are on the grift. It is the question every single time.


4 posted on 03/19/2025 4:33:40 AM PDT by AndyJackson
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To: HYPOCRACY

Be careful. There may be spies among us that will encouraged to ban pillows. Lol

Gwjack


5 posted on 03/19/2025 4:34:35 AM PDT by gwjack (May God give America His richest blessings.)
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To: gwjack

Soon the blue states will be requiring pillows to be registered and they will be creating “No Pillow Zones” for schools. And anyone caught carrying a concealed pillow in the nation’s capitol will be declared an insurrectionist.

But don’t worry, a group of people will soon be forming the National Pillow Association which will help save our God given right to bear pillows.


6 posted on 03/19/2025 5:18:20 AM PDT by redfreedom (Happiness is shopping at Walmart and not hearing Spanish once!)
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To: gwjack

When pillows are outlawed, only outlaws will get a good night’s sleep.


7 posted on 03/19/2025 5:18:54 AM PDT by ClearCase_guy
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To: AndyJackson

originally before Jay C. Zainey [Dubya judge] at the district court level [Eastern District of Louisiana]

https://www.ca5.uscourts.gov/opinions/pub/24/24-30043-CR0.pdf

Before Elrod [Dubya judge], Chief Judge, and Higginbotham [Reagan judge] and Southwick [Dubya judge],
Circuit Judges.

Jennifer Walker Elrod, Chief Judge

Looks like a 3 to 0 opinion.


8 posted on 03/19/2025 5:28:16 AM PDT by kiryandil (No one in AZ that voted for Trump voted for Gallego )
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To: AndyJackson

We are cursed by statist Dubya judges.


9 posted on 03/19/2025 5:28:51 AM PDT by kiryandil (No one in AZ that voted for Trump voted for Gallego )
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To: AndyJackson; marktwain
The en banc split is 2 Reagan judges, 1 Clinton judge, 4 Dubya judges, 1 Obama stooge, 6 Trump judges and 2 Biden stooges.

The chief judge is a Dubya stooge, and one of the other Dubya judges stooged out on this 3 to 0 decision.

10 posted on 03/19/2025 5:34:19 AM PDT by kiryandil (No one in AZ that voted for Trump voted for Gallego )
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To: marktwain
SCOTUS’s first job must be to shoot down every state/local law requiring a license to carry...and a license to purchase...waiting periods...background checks...stupid laws requiring “safe storage”...laws requiring hundreds of dollars of “training”...etc.
11 posted on 03/19/2025 5:48:12 AM PDT by Gay State Conservative (Import The Third World,Become The Third World)
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To: marktwain

If it’s not “an arm” then it ought not to be regulated and require registration and payment to a firearm agency. Right? Or does ATF need to know if I shop at AutoZone?


12 posted on 03/19/2025 6:00:11 AM PDT by No.6
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To: marktwain

This didn’t age well.


13 posted on 03/19/2025 6:06:08 AM PDT by Dr. Marten (Cogito ergo armatus sum.)
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